


CHAETEE 



BOWDOIN COLLEGE, 



Other Documents. 



CHARTER 



BOWDOIN COLLEGE, 



TOGErHEK WITH 



VARIOUS ACTS OF THE LEGISLATURE; 



ALSO AK ABSTRACT OF THE 






"^'-^K 



DECISION OF THE CIRCUIT COURT, XAqI^^ 



MPORTAJNT VOTES OF THE BOARDS, A^D THE 
BY-LAWS OF THE OVERSEERS. 



BRUNSWICK: 

A. G. TKNNEY, PRINTER 

1876. 






BOWDOm 



Act of Incorporation. 



An Act to establish a College in the town of Brunswick, in the District 
of Maine, within this Commonwealth. 

Sec. 1. Be it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled^ and by the authority of College estab- 
the same^ That there be erected and established in the town of 
Brunswick, in the District of Maine, a College for the purpose 
of educating youth, to be called and known by the name of 
Bowdoin College, to be under the government and regulation 
of two certain bodies politic and corporate, as hereafter in this 
Act is provided. 

Sec. 2. And be it further enacted by the authority afore- 
said. That the Rev. Thomas Brown, Rev. Samuel Dean, D. D., Persons incor- 
John Frothingham, Esq., Rev. Daniel Little, Rev. Thomas Lan- ^^^fg^f^g^' 
caster, Hon. Josiah Thatcher, and David Mitchell, Esquires, Rev. 
Tristram Oilman, Rev. Alden Bradford, Thomas Rice, Esq., and 
Mr. William Martin, together with the President and Treasurer 
of the said College, for the time being, to be chosen as in this 
Act is hereafter directed, be and hereby are created a body 
politic and corporate, by the name of The President and 
Trustees of Bowdoin College, and that they and their successors, 
and such others as shall' be duly elected members of the said 
corporation, shall be and remain a body politic and corporate, by 
that name forever. 

Sec. 3. And be it further enacted by the authority afore- 
said. That for the more orderly conducting the business of the Their powers, 
said corporation, the President and Trustees shall have full 
power and authority, from time to time, to elect a Yice-Presi- 
dent and Secretary of the said corporation, and to declare the 
tenures and duties of their respective offices; and also to remove 
any Trustee from the same corporation, when, in their judgment. 



Frovi 



he shall be rendered incapable by age, or otherwise, of discharg- 
ing the duties of his office, or shall neglect or refuse to perform 
the same; and to fill up all vacancies in the said corporation, by 
electing such persons for Trustees as they shall judge best : 
Provided nevertheless^ That the number of the said Trustees, 
including the President and Treasurer of the said College, for 
the time being, shall never be greater than thirteen, nor less than 
seven. 

Sec. 4. And he it further enacted^ That the said corpora- 
tion may have one common seal, which they may change, break. 
All transac- or renew, at their pleasure ; and that all deeds signed and deliv- 

tions in their in.ii. ^ -, t r.i 

name to be ered by the ireasurer, and sealed with then- seal, by order oi the 
^°^ ' President and Trustees, shall, when made in their corporate 

name, be considered in law as the deeds of the said corporation ; 
and that the said corporation may sue and be sued in all actions, 
real, personal or mixed ; and may prosecute and defend the same 
to final judgment and execution, by the name of the The Presi- 
dent and Trustees of Powdoin College ; and that the said cor- 
poration shall be capable of holding, having and taking in fee 
simple, or any less estate, by gift, grant, devise, or otherwise, 
any lands, tenements, or other estate, real or personal : Provided 
Proviso. nevertheless^ That the annual clear income of the same shall not 

exceed the sum often thousand pounds. 
* Sec. 5. And he it further enacted hy the authority afore- 

said., That the said corporation shall have full power and author- 
Authorized to ity to determine at what times and places their meetings shall be 
appoint meet- , , , t , ^ . ^ . , 

ings, officers, holdcn, and on the manner oi notiiying the trustees to convene 

at such meetings, and also from time to time, to elect a President 
and Treasurer of the said College, and such Professors, Tutors, 
Instructors, and other officers of the said College as they shall 
judge most for the interest thereof, and to determine the duties, 
salaries, emoluments, and tenures of their several offices afore- 
said : ( The said President for the time being, when elected and 
inducted into his office, to be, ex officio^ President of the said 
corporation) and also to purchase, or erect and keep in repair 
such houses and other buildings as they shall judge necessary for 
the said College ; and also to make and ordain, as occasion may 



require, reasonable rules, orders, and by-laws, not repugnant to 
the laws of this Commonwealth, with reasonable penalties, for 
the good government of said College ; and also to determine and 
prescribe the mode of ascertaining the qualifications of the stu- 
dents requisite to their admission ; and also to confer such 
degrees as are usually conferred by Universities established for 
the education of youth ; and a majority of the members of said 
corporation, present at any legal meeting, shall decide all ques- 
tions which may properly come before the said Trustees : Pro- 
vided nevertheless^ That no corporate business shall be transacted 
at any meeting, unless seven, at least, of the Trustees are pres- 
ent : And provided further^ That the said corj^oration shall Proviso, 
confer no degrees other than those of Bachelor of Arts and 
Master of Arts, until after the first day of January, which will be 
in the year of our Lord one thousand eight hundred and ten. . 

Sec. 6. Aiid be it further enacted by the authority afore- 
said^ That the clear rents, issues and profits of all the estate, 
real and personal, of which the said corj^oration shall be seized or Appropriation, 
possessed, shall be appropriated to the endowment of the said 
College, in such manner as shall most effectually promote virtue 
and piety, and the knowledge of such of the languages and of 
the useful and liberal arts and sciences, as shall hereafter be 
directed, from time to time, by the said corporation. 

And more effectually to provide for the wise and regular 
go^'ernment of said College, and for the prudent administration 
of the funds belonging to it, by establishing a supervising body 
with proper powers ; 

Sec. 7. Be it further enacted by the authority aforesaid^ 
That no election made by the said corporation, either of Trustees 
to fill up vacancies, or of President or Treasurer of the said Col- ^^ transaction 

of the corpora- 

lege, nor any vote or order of the said corporation to remove tion to have 

rr. rt^ r^ -. • -. ^. -11 ' ^^y effect, un- 

any Irustee or any oflicer of the said College, or to purcnase or jess agreed to 
erect any house or other building for the said College, or to ^-^^^^ 
determine what officers shall be established for the said College, 
or the duties, salaries, emoluments or tenures of such ofiicers, or 
for the appropriation of any of their funds or monies, or for the 
acceptance of any estate, when the donation thereof was made 



losiah Thach- sClid^ 

Esq 



er 
thorized 



Overseers in- 
corporated. 



u])()ii condition, or for determining the qualifications for the 
students requisite to their admission, or for the conferring of any 
degrees, or for the making, altering, amending or repealing any 
rules, orders or by-laws for the government of the said College, 
shall have any force, effect or validity, until the same shall have 
been agreed to by the Overseers of the said Bowdoin College 
hereafter in this Act created. 

Sec. 8. And be it further enacted by the authority afore- 
That the Hon. Josiah Thachee, Esq. be, and he is hereby 
authorized and empowered to fix the time and place for holding 
the first meeting of the said Trustees, and to notify each of said 
Trustees thereof, in Avriting. 

And for the establishing of the supervising body with proper 
powers above mentioned. 

Sec. 9. JBe it further enacted by the authority aforesaid^ 
That Edward Cutts, Thomas Cutts, Simon Frye, David Sewall 
and Nathaniel Wells, Esquires, Rev. Moses Hemmenway, D.D., 
Rev. Silas Moody, Rev. John Thompson, Rev. ]N'athaniel Web- 
ster, Rev. Paul Cofiin, Rev. Benjamin Chad wick. Rev. Samuel 
Eaton, Rev. Samuel Foxcroft, Rev. Caleb Jewett, Rev. Alfred 
Johnson, Rev. Elijah Kellog, Rev. Ebenezer Williams, Rev. 
Charles Turner, Daniel Davis, Samuel Freeman, Joshua Fabyan, 
William Gorham, Stephen Longfellow, Joseph i^oyes, Isaac Par- 
sons, Robert Southgate, John Wait, Peleg Wadsworth, and Wil- 
liam Widgery, Esquires, Rev. Ezekiel Emerson, Jonathan Ellis, 
Jonathan Bowman, Edmund Bridge, Daniel Cony, Henry Dear- 
born, Dummer Sewall, Samuel Thompson, John Dunlap, Francis 
Winter, Nathaniel Thwing, Alexander Campbell, and Paul Dud- 
ley Sargeant, Esquires, together with the President of the Col- 
lege, and the Secretary of the Corporation, first created in this 
Act, for the time being, be and they are hereby created a body 
politic and corporate by the name of The Overseers of Botodoin 
College^ and that they, their successors, and such others as shall 
be duly elected into the said corporation of Overseers, shall be 
and remain a body politic and corporate, by that name forever. 

Sec. 10. And be it further enacted by the authority jl fore- 
said^ That the members of said corporation of Overseers may 



haA^e one common seal, which they may change, break and renew may 

, . , 1 , , 11 ^ have a seal and 

at then- pleasure, and that they may sue or be sued, prosecute prosecute and 
and defend unto final judgment and execution, by the name of 
The Overseers of Boiodoin College. 

Sec. 11. And he it farther enacted by the authority afore- 
said., That for the orderly conducting the business of the said last 
mentioned corporation, the members thereof shall have full power C op oration em - 

^ \ powered lor the 

from time to time, as they shall determine, to elect a President, orderly con- 

-, , . ducting the 

Vice-President and Secretary, and to fix the tenures and duties business. 
of their respective oftices ; and also, to determine at what times 
and places their meetings shall be holden, and upon the manner 
of notifying the Overseers to convene at such meetings ; and 
also to remove any Overseer from the said corporation when in 
their judgment he shall be rendered incapable, by age or other- 
wise, or shall neo-lect or refuse to discharo;e the duties of his 
ofiice, and also to fill up all vacancies in the said corporation of 
Overseers, by electing such persons for Overseers as they shall 
judge best qualified therefor; and a majority of the members 
present, at any legal meeting, shall decide all questions which 
may properly come before the said Overseers : Provided never- Proviso. 
theless^ That the number of the said Overseers, including the 
President of the College, and the Secretary of the corporation last 
aboA^e created, shall never be greater than forty-fiA^e, nor less than 
twenty-fiA^e. 

Sec. 12, And be it further enacted by the authority afore- 
said.^ That the Overseers of said Bowdoin College shall have 
power to ao;ree or disaoTce to any election, A^ote, order or act of Overseers shall 

. . have power to 

the President and Trustees of said College, where the agreement agree or not, 
of said Overseers is made necessary by this Act to give force, transactions of 
effect and validity to such election, vote, order or act ; and they ^^^ xrusTees." 
are hereby directed to notify the said President and Trustees of 
such agreement or disagreement, in conA^enient time thereafter ; 
and the said Overseers are also empowered to call upon any 
Treasurer of the said College, his executors and administrators, 
to render to them a just and true account of all the doings of such 
Treasurer, in his said ofi^ice, as often as the said Overseers shall 
direct : Provided nevertheless, That no corporate business shall Proviso. 



8 

be transacted at any meeting of the Overseers aforesaid, unless 
fifteen of them, at least are present. 

Sec. 13. And he it further enacted hy the authority afore- 
said^ That the Treasurer of the said College shall, before he en- 
ter upon the execution of the duties of his office, give bond to the 
Treasurer to said Overseers, in such penaltv, and with such sureties, as they 

give bond. 

shall approve of, conditioned for the faithful discharge of the du- 
ties of the said office, and for rendermg a just and true account of 
his doings therein, when required, and that all the monies, securi- 
ties, and other property of the President and Trustees of Bow- 
doin College, together with all the books in which his accounts 
and proceedings, as Treasurer, were entered and kept, that ap- 
pertain to his office of Treasurer as aforesaid, shall, upon demand 
•made upon him, his executors or administrators, be paid and de- 
livered over to his successor in that office ; and all monies to be 
recovered by virtue of any suits at law, upon such bond, shall be 
paid over to the President and Trustees aforesaid, and subjected 
to the appropriations above directed in this Act. 

Sec. 14. And be it further enacted hy the authority afore- 
said^ That no Trustee of the said College, excepting the Presi- 

Places of Trus- dent and Secretary, first above mentioned, shall be an Overseer 

tee and Over- 

seer cannot be of the sald College ; and if any Trustee (excepting as aforesaid) 

oge er. gj^^^n |-^g chosen an Overseer, he shall cease to be a Trustee imme- 
diately U230n his accepting the place of an Overseer ; and if any 
Overseer of the said College (excepting as aforesaid) shall here- 
after be elected a Trustee, he shall cease to be an Overseer, upon 
his accepting the place of a Trustee. 

Sec. 15. And he it further enacted hy the authority afore- 
said^ That the Hon. David Sewall, Esq. be, and he hereby is 
David Sewall, authorized and empowered to fix the time and place of the first 
ed^to call ^first meeting of the Overseers of said Bowdoin College, and to notify 
meeting. ^j^^ g^l^ Overseers thereof by publishing the same three weeks 

successively in each of the Portland newspapers ; the last publi- 
cation to be made three weeks, at least, before the time fixed for 
the said meeting. 

Sec. 16. And he it further enacted hy the authority afore- 
said^ That the Legislature of this Commonwealth may grant any 



9 

further powers to, or alter, limit, inniul or restrain any of the ]k)w- Leorisiature to 

... T . 1 -1 ^- 1 11 1 •• 1 1 :ilter or restrain 

ers by this Act vested in the said corporation, as shall be judi^ed pownrs oi tiie 
necessary to promote the best interest of the said Colleo-e. coipora um. 

Sec. 17. And be it further enacted bi/ the authority afore- 
said. That there be and hereby is m-anted five townships of land 

' .' » . T T . ^-^"^1^ granted 

of the contents of six miles square each, to be laid out and assign- to the Tmstefs 
ed from any of the unappropriated lands belonging to this Com- disposal, 
momvealth, in the District of Maine, the same to be vested in the 
Trustees of Bowdoin College, and their successors forever, for 
the use, benefit and purpose of suppoi'ting the said College, to be 
by them holden in their corporate capacity, with full power and 
authority to settle, divide and manage the same townships, or 
any part thereof, or to sell, convey and dispose of the same in 
such way and manner as shall best i)romote the welfare of said 
College, the same to be laid out under the direction of the com- 
mittee for the sale of eastern lands, and a plan or plans thereof 
returned into the Secretary's ofiice: Provided, The Trustees 
aforesaid, or their assigns, shall cause to be settled fifteen fiimilies 
in each of said townships within twelve years from the passing 
this act: And provided also, There shall be reserved in each 
township three lots of three hundred and twenty acres each, for 
the following uses, viz. one lot for the first settled Minister — one 
lot for the use of the Ministry — and one lot for the use of 
schools in each of said townships 

[ This Act passed June 24, 1794,] 



Proviso. 



Tenure of President's Office. 
In the Board of Trustees, November 4, A. D. 1801. 
Voted, That the tenure of the office of the President of Bow- 
doin College shall be during good behavior. 

Voted, That in addition to the salary of the President, there 
shall be provided for him a suitable dwelling house with its ap- 
purtenances at the expense of the College. 

Attest, Charles Coffix, Secretary. 

In the Board of Overseers, November 4, 1801, the foregoing- 
votes, having been twice read, were agreed to. 

2 Attest, Mark L. Hill, Secretary. 



10 

Extract from the Constitution of Maine. 

'■^Seventh. All grants of land, franchises, immunities, corpo- 
rate or other riglits, and all contracts for, or grants of land not 
yet located which have been or may be made by the said Com- 
momvealth, before tlie separation of said District shall take place, 
and having or to liave effect within the said District, shall con- 
tinue in full force, after the said District shall become a separate 
State. But the grant which has been made to the President and 
Trustees of Bowdoin College, out of the tax laid upon the Banks 
within this Commonwealth, shall be charged upon the tax upon 
the Banks within the said District of Maine, and ]>aid according 
to the terms of said grant; and the President and Trustees, and 
the Overseers of said College, shall have, hold and enjoy their 
powers and privileges in all respects ; so that the same shall not 
be subject to be altered, limited, annulled or restrained, except 
by judicial j^rocess, according to the principles of law ; and in all 
grants hereafter to be made by either State, of unlocated land 
within the said District, the same reservations shall be made for 
the benefit of Schools, and of the Ministry, as have heretofore 
been usual, in grants made by this Commonwealth. And all 
lands heretofore granted by this Commonwealth, to any relig- 
ious, literary, or eleemosynary corporation, or society, shall be 
free from taxation, while the same continues to be owned by 
such corporation, or society." 



Consent of College to alterations in the Charter. 

In the Board of Trustees of Bowdoin College, May 17, 18'20. 

Voted, That the Rev. Pres. Allen and Hon. Samuel S. 
Wilde be a committee, with such as the Board of Overseers may 
join, to make application to the Legislature of the State of Maine 
to aid the Funds of this Institution by continuing to tliem the 
present annual allowance from the tax on the Banks of Maine, 
and for such other donations as they in their wisdom may be 
disposed to make. 

And whereas the said Legislature are restrained by the Con- 
stitution of the State of Maine from making any donation, grant 



11 

or endowment, unless the said Legislature shall have at the time 
of making such endowments, the right to grant any further 
powers, to alter, limit or restrain any of the powers vested in this 
Institution as shall be judged necessary to promote the best in- 
terests thereof — Therefore Tooted, That the consent of this Board 
be given, that such right may be vested in the Legislature of this 
State, and that the said committee be authorized on behalf of this 
Institution to take such measures as may be necessary to vest 
such right in the said Legislature, so as to enable them to make 
the endowment hereby prayed for, or any further endowments 
which they in their bounty may be disposed to make. 
Sent to the Board of Overseers for agreement. 

Benj. Oer, Secretary. 

Board of Overseers — read, agreed to, and Hon. Messrs. Parris, 
Woodbury, and Ames are joined. 

Jos. McKeen, Secretarv. 



COMMONWEALTH OF MASSACHUSETTS. 

Resolve on the petition of the Trustees and Overseers of Bowdoin College, 

June 12, 1820. 

Whereas by an Act of this Commonwealth, entitled " An Act 
relating to the separation of the District of Maine from Massachu- 
setts Proper, and forming the same into a separate and indepen- 
dent State," it is provided among other things, in the terms and 
conditions set forth in the first Section of said Act, that the Pres- 
ident and Trustees and Overseers of Bowdoin College shall have, 
hold and enjoy their powers and privileges in all respects, so 
that the same shall not be subject to be altered, limited, annulled, 
or restrained, except by judicial process, according to the princi- 
ples of Law ; and whereas the Trustees and Overseers of said 
College have applied to the Legislature of this Commonwealth 
for its consent to such a modification of the provision above re- 
ferred to, relating to said College, as would enable the Legislature 
of the State of Maine to make donations, grants and endowments 



12 

to said College, which it is apprehended by said Trustees and 
Overseers cannot now be made, consistent with a certain provis- 
ion, or resti'iction, contained in the Constitution of the State of 
Maine ; Therefore 

.Resolved, That the consent and agreement of the Legislature 
of this CommoT] wealth be and the same is hereby given to any 
alteration or modification of the aforementioned clause or ^^rovis- 
ion in said Act, relating to Bowdoin College, not affecting the 
rights or interest of this Commonwealth, which the President and 
Trustees, and Overseers of said College, or others having the au- 
thority to act for said Corporation, may make therein, with the 
consent and agreement of the Legislature of said State of Maine, 
and such alterations or modifications made as aforesaid, are 
herel)y ratified on the part of this Commonwealth. 



STATE OF MAINE. 



An Act to modify and limit the terms and conditions of tlie Act for 

separation, relative to Bowdoin College, and encourage Literature, 

and the Arts and Sciences. 

JBe it enacted by the Senate and House of Representatives, in 
Legislature assembled, That provided the Legislature of the 
Commonwealth of Massachusetts shall agree thereto, the Presi- 
dent and Trustees and the Overseers of Bowdoin College, having 
already assented thereto, the terms and conditions mentioned in 
the Act of the Commonwealth of Massachusetts, j^assed on the 
nineteenth day of June, in the year of our Lord one thousand 
eight hundred and nineteen, entitled " An Act relating to the 
separation of the District of Maine from Massachusetts Proper, and 
forming the same into a separate and independent State," be, and 
they hereby are so far modified, limited or annulled, as that the 
said President and Trustees, and the Overseers of Bow^doin Col- 
lege shall have, hold and enjoy their' powers and privileges in all 
respects, subject however, to be altered, limited, restrained or ex- 
tended by the Legislature of the State of Maine, as shall by the 
said Legislature be judged necessary to promote the best interests 
of said Institution. 

[This Act passed June 16, 1820. — Special Laws, Vol. 1, p. 8.] 



13 

An Act to alter the law establishing Bowdoin College. 

Sec. 1. Be it enacted by the Senate and Tloufie of Repre- 
sentatives^ in Legislature assembled^ That tlie nunibej- of Tnis- Board of tms- 

1 • 1 r^ ^^ • i r tees to consist 

tees provided for in an Act to establish a College in tht* town of of not more 

„ .,.,,. , -r-. . T ., • T /->! n in tlian 25 nor 

Brunswick, including the Fresident ot sai<l College, shall never less than ^io. 

l)e less than twenty nor nior'^ than tw^enty-iive, and no corporate 

business shall be transacted at any meeting, unless thirteen at Thirteen to 

1 /^ I m '^ ^ ^ ■ 1^ r\ Constitute a 

least ot the I rustees are present ; and the number oi Overseers quorum 

provided for in said Act, including the President of said College, 

shall never be less than forty-five, nor more than sixty : and the Board of over- 

>, ^ t • ,. m in i"^ /-w seers not more 

l^ecretary oi the corporation oi 1 rustees shall not bean Over- than sixty nor 

less than fortv- 



seer. 



and the Treasurer of said Colleo-e shall not be a Trustee nor 



e> 



fiv< 



an Overseer. 

Sec. '2. JBe it further enacted^ That all vacancies which Vacancies to be 

,.,-,,, . . , • /> rii -1 filled accordino- 

shall hereaiter exist in the corporation oi 1 rustees, or m the to the clsarter 
corporation of Overseers, shall be filled in manner prescribed by h!g^"n'^septem- 
an Act to establish a College in the town of Brunswick, at the ^^'■• 
annual meetings of said corporations respectively in the month of 
September, and at no other time : Provided^ That the Governor 
and Council be, and they hereby are authorized, and empowered 



Governor and 
Council in six 
months to ap- 

within six months after the passing^ of this Act, to appoint P^i"* 12 trus- 

^ =' 'II tggg ^^^ fifteen 

twelve persons to be Trustees, and fifteen ,persons to be Over- overseers, and 

. ... . to fill vacancies 

seers oi said College, and to nil such vacancies m the corporation in overseers' 
of Overseers as shall be created by any Overseer or Overseers ed^bydi closing 
being appointed by the Governor and Council, a Trustee or t^u^tge"^^^^"^ ^^ 
Trustees. 

[This Act passed March 19, 1821. — Special Laws, Vol. 1, p. 93.] 



All additional Act respecting Bowdoin College. 

Be it enacted by the Senate and House of Bepresentatives, 
in Legislature assembled^ That at any regular meeting of the 

corporation of Trustees of Bow^doin College, any nine members jn umber of trus- 

of said corporation shall constitute a quorum for the transaction to form^rqmf- 

of the business of said corporation ; and that all vacancies which '^^"^' 



14 



X'acnncies in 
the board of 
trustees and 
overseers, 
how filled 



shall hei-eafter exist in the corporation of Trustees, or in the cor- 
poration of Overseers, may be filled in manner prescribed by 
*' An Act to establish a College in the town of Brunswick," at the 
annual meetings of said corporations respectively, any law to the 
contrai-v not witlistandino-. 



[This Act passed February 8, 1822.— Special Laws, Vol. 1, p. 197.1 



The Ciovernor 
to h(- a member 



An Act additional to ''An Act to alter the law establishing Bowdoin College."' 

JBe it enacted hy the Senate and Souse of Representatwes^ 
in Legislature assembled^ That the Governor of the State of 
of the boird of Maine, for the time being, shall, by virtue of his office, be a mera- 
officio. ^^^' <^f' the Board of Trustees of Bowdoin College : And if* by 

reason of his accession, the number of Trustees shall be in- 
creased beyond twenty-five, they shall, notwithstanding such in- 
crease, remain in office, until, by the happening of a vacancy, 
thev shall be reduced to the number bv law established. 



[Approved Feb. 27, 1826. — Special Laws, Yol. 1, p. 671. 



\o person now 
holdins the of- 
fice of Presi- 
dent m any Col- 
lecre shall hold 
the same be- 
yond the next 
commence- 
ment of the 
College, unless 
re-elected. 
Two-thirds of 
all \otes given 
in each board 
necessary to 
elect, or reelect 
a President. 
The President 
mav be remov- 
ed by the board, 
or the boards, 
which shall 
elect him. 



An Act respecting Colleges. 

Sec. 1. Be it enacted by the Senate and House of Represen- 
tatives^ in Legislature assembled^ That no person now holding 
the office or place of President in any College in this State, shall 
hold said office or place beyond the day of the next Commence- 
ment of the College, in which he holds the same, unless he shall 
be re-elected. And no person shall be elected or re-elected to 
the office or place of President unless he shall receive in each 
board two-thirds of all the votes given on the question of his 
election. And any person elected to said office or place after the 
passing of this Act, shall be liable to be removed, at the pleasure 
of the Board of Trustees, or Board of Trustees and Overseers, 
which shall elect him. 



Sec. *1. Be it further enacted. That the fees, puid by any Fees shall be 

'' ' . ' 1 J J pjjj^ into the 

person for any diploma, or for any medical or academical degree, treasurv lor use 

, /.111 r> • 1 ,. 1 /^ iT of the College. 

granted or conterred by the government oi either oi tlie Colleges 

in the State, shall be i)aid into the Treasurv for the use of the No officer to re- 

' 1 " eeive any part 

College; and no part thereof shall be received bv anv otiicer of f^f'^uch fees, ns 

^ .... - V .^ nerquisite of 

the College, as a perquisite of office. office. 
[Approved March 31, 1831. — General Laws, Vol. 3, p. 371.] 



Extract from the JRevised Statutes, paje 172. 



Sec. 56. The tenure of office of the President of each col- Tenure of of- 

ficG of* Prfsi- 

lege, in this State, shall be such, that he shall be removable, at dents of coi- 

any time, at the pleasure of the trustees and overseers, whose i83i 517, *j, i. 
concurrence is necessary for an election to the same office. 

Sec. 57. All fees paid by any perso : for any diploma, or any Graduation fees 

medical degree, granted or conferred by either of the colleges in coUeoe^Jreasu- 

this State, shall be paid into the treasury foi- the use of such col- \^^^- ^,^ ^ ^, 

' ^ "^ 1831, olT, ^ 2. 

lege ; and no part thereof shall be recei\ed, as n perquisite of of- 
fice, by any officer of the college. 



School under 



An Act to establish a Medical School in this State, 

Sec. 1. JBe it enacted by the Senate and House of Reiwesen- 
tatives^ in Legislature assembled. That there be and hereby is 
established, under the control, superintendence and direction of 
the President and Trustees and Overseers of Bovvdoin College, a direction of 

president. &.c. 

Medical School for the instruction of students in Medicine, Anat- of Bowdoin 

(College. 

omy. Surgery, Chemistry, Mineralogy and Botany. 

Sec. 2. Be it further enacted^ That the said President and 
Trustees and Overseers of Bowdoin College be, and they hereby 
are authorized to appoint, and it shall be their duty to appoint, professor.'^ to 
as soon as may be, learned Professors of Medicine, Anatomy, ^^^PPO'"tecl. 
Surgery, Chemistry, Mineralogy and Botany, who shall deliver 
regular lectures in their respective branches at such times as the 
corporation shall presciibe. 



16 

Sec. 3. Be it further enacted^ That there be and here^by is 
granted to the President and Trustees and Overseers of Bowdoin 
College for tlie benefit of the said Medical School, and for pro- 
curing the necessary books, plates, prc|)arations and apparatus, 
Vinount of the sum of fifteen hundred dollars, to be paid out of the Treas- 
ury of this State, out of any monies not otherwise ap])ropriated 
by law ; and the further sum of one thousand dollars annually 
until the Legislature shall otherwise order and direct. 

[This Act passed June 27, 1S20.— Special Laws, Yol. 1, p. 23.] 



grant 



doin College. 



An Act to encourage Literature and the useful Arts and Sciences.] 

Sec. 1. Be it enacted by the Senate and House of Represen- 
tatives^ in Legislature assembled^ That there be and hereby is 
Grant to Bow- ^'^''^ntcd to the President and Trustees and Overseers of Bowdoin 
College the sum of three thousand dollars annually from and 
after the fourteenth day of February, which shall be in the year 
of our Lord eighteen hundred and twenty-four, until the term of 
seven years therefrom, shall be complete and ended, to be paid in 
semi-annnal payments out of the treasury of this State from 
monies arising from the tax on certain Banks not otherwise ap- 
propriated. 

[This Act passed June 28, 1820.— Special Laws, Yol. 1, p. 23.] 



CIRCUIT COURT OF TIIK UNITKD STATES. 



SPRING CIRCUIT. 



MAINE, MAY TERM, 1833, AT PORTLAND. 



\ Hon. JOSEPH STORY. Associate Justice of the Supreme court. 
BEFORE ^ jj^j^ ASHUR WARE, District Judge. 

William Allex v. Joseph McKeex. 

[In this case certain important points were decided, of which an ex- 
tract only is given. The whole opinion of the court can be found in the 
authorized Reports.] 

A college, merely because it receives a charter from the government, 
though founded by private benefactors, is not thereby constituted a 
public corporation controllable by the government ; nor does it make 
any difference, that the funds have been generally derived from the 
bounty of the government itself. 

The visitatorial power is a mere power to control and arrest abuses, and 
to enforce a due observance of the Statutes of a charity ; it is not a 
power to revoke the gift, to change its uses, or to divest the rights of 
the parties entitled to the bounty. 

The visitatorial power is an hereditament founded in property, and valua- 
ble in the intendment of law ; and where it is vested in trustees, there 
can be no amotion of them from their corporate capacity, and no in- 
terference with the just exercise of their authority, unless it is reserv- 
ed by the Statutes of the foundation or charter. The trustees are, 
however, subject to the general superintendence of a Court of Chance- 
ry for any abuse of their trust. 

Bowdoin College is a private, and not a public, corporation, of which the 
Commonwealth of Massachusetts was founder, and the visitatorial and 
all other powers, franchises, and rights of property of the College are 
vested in the Boards of Trustees and Overseers, established by the 
Charter, who have a permanent right and title to their offices, which 
cannot be divested, except in the manner pointed out in tJve Charter. 
3 



18 

In the Charter of the College, (§ 16) it is declared, that the Legisla- 
ture "may grant further powers to, or alter, limit, annul, or restrain 
any of the powers by this Act vested in the said corporation, as shall 
he judged itecessari/ to p)-omoie the best interest of the College." Under 
this clause the authority of the Legislature of the State of Maine is 
confined to the enlarging, altering, annulling, or restraining of the 
powers of the corporation, and does not extend to any intermeddling 
with its property, or extinction of its corporate existence. 

By the Act of Separation of Maine from Massachusetts, the powers and 
privileges of the President, Trustees, and Overseers of the College, 
are guaranteed under the charter, so that they cannot be altered, lim- 
ited, annulled, or restrained, except by judicial process, according to 
the principles of law, unless that Act has been modified by the subse- 
quent agreement of both States. Afterwards the Legislature of Mass- 
achusetts passed a Resolve, " That the consent and agreement of this 
Commonwealth be, and the same is hereby, given to any alteration or 
modification of the abovementioned clause or provision in said Act, 
relating to Bowdoin College, not affecting the rights or interests of 
this Commonwealth, which the President, and Trustees, and Overseers 
of the said College, or others having authority to act for said corpor- 
ation, may malie therein, with the consent of the Legislature of said 
State of Maine ; and such alterations or modifications, made as afore- 
said, are hereby ratified on the part of this Commonwealth." This 
resolve does not authorize the Legislature of Maine to make altera- 
tions in the College charter, which shall divert the funds of the 
founder from their original objects, or vest the visitatorial power in 
any other bodies, or persons, than the Trustees and Overseers, marked 
out in the original charter; and, a/or^io?i, it does not justify the 
transfer of these powers from the Trustees to any other persons not 
in privity with them. 

According to the foregoing Resolve, the alterations and modifications are 
to be made by the Boards of the College, or by their agents, with the 
consent of the Legislature, and not by the Legislature, without their 
consent. 

The terms of ratification in the foregoing Resolve, being in prcesenti, it 
seems that they cannot be applicable to all possible alterations in ail 
future times. 

By the terms of the Act of Separation of Maine from Massachusetts, no 
modification of it can be made, except hy the subsequent agreement of 
the Legislatures of both States. To effect this agreement, there must 
be a concurrence of the Legislatures of both States ad idem, that is, 



19 

an express assent to some specific proposition. Therefore the Act of 
Maine of the 16th March, 1820, which was never responded to by the 
Legislature of Massachusetts, and which in its terms does not look to 
any antecedent Resolve of Massachusetts, (the foregoing Resolve of 
Massachusetts was passed four days previous) but expressly looks to 
some future act or assent of Massachusetts, is not a sufficient compli- 
ance with the articles of separation. 

By the Act of Maine of the 16th of June, 1830, it is enacted, that " the 
President and Trustees, and the Overseers of Bowdoin College, shall 
have, hold, and enjoy their powers and privileges in all respects, sub- 
ject, however, to be altered, restrained, or extended by the Legisla- 
ture, &c., as shall, &c., be judged necessary to promote the best 
interests of said Institution." This cannot be construed to include 
an authority to annul the charter, or the corporation created by it, or 
the Institution itself, or to create new Boards, in whom the corporate 
powers and privileges may be vested ; or to transfer to other persons 
the powers and privileges of the old Boards ; or to add new members 
to the Board by the nomination of the Legislature, or by that of the 
Governor and Council of the State. The Act of the 19th of March, 
1821, enlarging the Boards, the Act of the 27th of February, 1826, 
making the Governor, ex officio, a member of the Board of Trustees, 
and the Act of the olst of March, 1831, declaring, that no person 
holding the office of President in any college in the State, should hold 
his office beyond the day of the next Commencement of the college, 
and altering the tenure of their offices, are therefore unconstitutional. 

Where the Boards voted, that they '' acquiesced " in an Act of the Legis- 
lature, it was held, that this did not import an assent on their j)art ; 
and, farther, that their approval could not give effect to an unconsti- 
tutional Act. 

Where a person holds an office during good behavior, with a fixed salary 
and certain fees annexed thereto, the tenure of the office cannot be 
altered without impairing the obligation of a contract. Therefore, 
the Act of the Legislature of Maine of 1831, removing President Al- 
len from the office of President, and establishing a different tenure for 
the office, is contrary to the Constitution of the United States. 

Where one man receives money, which ought to be paid to another, or 
belongs to another, an action of money had and received will lie in 
favor of him, to whom of right the money belongs ; and this, not- 
withstandmg it may involve a trial of the title to an office, if the party 
has once been in possession. 



Records of the Board of Overseers of Bowdoin 

College. 



Consequent upon the decision of the case of Allen v. McKeen, the follow- 
ing votes have been jDassed by the Board of Overseers of Bowdoin 
College. 

Sept. 3, 1834. Whereas in the Act of Incorporation of the 
Trustees and Overseers of Bowdoin College, it is enacted, that 
the President of the College, and the Secretary of the Board of 
Trustees shall be, ex officio, members of the Board of Overseers, 
and that the number of said Overseers, including said Pres- 
ident and Secretary, shall never be greater than forty-five; 
and whereas it has been decided by the Court of Law 
having jurisdiction over the subject, that the Act passed 
March 19, 1821, entitled an Act to alter the Law establish- 
ing Bowdoin College, is unconstitutional, null and void ; and 
whereas there is now, including the persons appointed to be Over- 
seers by virtue of said last mentioned Law, and by elections made 
by this Board, a greater number than forty-five, therefore, Voted, 
That it does not appear that there are any existing vacancies in 
the Board of Overseers, which can be filled by an election. 

Voted, That the number of Overseers, including the President 
of the College, and the Secretary of the Trustees, ought not to be 
greater than forty-five. 

Voted, That a Committee be appointed to report the names of 
those who are legally members of the Board of Overseers, and if 
a larger number than forty-five are found to be members of the 
Board, to report a plan by which the number may be reduced to 
forty-five, including those who are members ex officio, and to re- 
port at the next meeting of the Board. 



21 

Voted, That the visiting committee, viz. Messrs. Evans, Da- 
veis and Wm. Cutter, be the committee for the above purposes. 

Sept. 1, 1835. In accordance with the resolutions adopted at 
the hist meeting, 

Mesolved, That appointments of members of the Board, made 
by the Governor and Council in pursuance of the Act of March 
19, 18:21, are invalid and confer no right to seats in this Board. 

Mesolued, That elections made at any time when the Board 
consisted of the full number of forty-five, including the President 
of the College and Secretary of the Trustees, are invalid and con- 
fer no right to seats. 

Hesolved, That the persons whose names are borne on Sche- 
dule F., herewith submitted by the committee, being together 
with tlie President and Secretary of the Board of Trustees forty 
in number, are members of the Board, and that five vacancies now 
exist to be filled by election, together with such other vacancies 
as have occurred since the last meeting. 

Sept. 6, 1837. Whereas the Charter establishing the College 
expressly provides, that no election made by the Board of Trus- 
tees to fill any vacancy in said Board, shall have any force, efiect, 
or validity, until the same shall have been agreed to by the Over- 
seers — Therefore 

Hesolved, That this Board cannot acknowledge any person as 
having a right to a seat in the Board of Trustees of this College, 
who has not been elected to that station by a concurrent vote of 
this Board. 

Mesolved, That in the appointment of joint Committees, this 
Board do not by such act necessarily acknowledge the individu- 
als appointed on the part of the Trustees, as members of the 
Board. 

Resolved, That the Secretary of this Board be directed to 
furnish the Board of Trustees with a cojDy of these Resolutions. 

True copy. J. McKeen, Secretary. 



22 

TENURE OF THE PRESIDENT'S OFFICE. 

In the Board of Trustees of Bowdoin College, Sept. 6, 1838, 

Voted, That the tenure of office of the President of Bowdoin 
College be and the same hereby is declared to be for and during 
the pleasure of the Boards of Trustees and Overseers. 

Provided, nevertheless, That no removal of the President 
shall take place by vote of the Boards without previous notice, 
first given to the incumbent, and an opportunity be afibrded him 
to be heard if he think proper. 

And it shall be the duty of the Secretary of each Board to no- 
tify the members of their respective Boards of the time assigned 
for such hearing, to the end that members may all be present if 
they see fit. 

All qiiestions of Removal shall be decided by Yeas and Nays, 
entered on the record. 

Sent to the Board of Overseers for agreement. 

Ebenezer Everett, Secretary. 

In the Board of Overseers of Bowdoin College, Sept. 6, 1838. 
Read twice, and agreed to. 

Robert D. Dunning, Secretary. 

True copy. John McKeen, Secretary. 



VOTES OF THE BOARDS. 



July 13, 1869, Voted, That the President of the College 
with the concurrence of the Visiting Committee, or in case of the 
inability of the President to act, the Visiting Committee, may call 
special meetings of the two Boards of the College, sjjecifying in 
the notice to members, the object for which the meeting is called. 
Voted, That any member who shall hereafter neglect to at- 
tend two stated meetings successively without giving under his 
hand in writing, a satisfactory excuse for his absence, shall be 
considered as having voluntarily vacated his seat, and the vacan- 
cy so happening shall be filled without delay ; unless in the inter- 
val between the said meetings, he shall have attended, either a 
special meeting of the Boards or a public examination on a com- 
mittee for that purpose, in either of which cases such attendance 
shall be deemed equivalent to an attendance on a stated meeting. 

July 13, 1874, Voted, That No. 38 of the College rules be 
as follows : Term Bills are due at the close of each Term, and if 
not paid at the commencement of the next term, interest shall be 
charged at current rates. No Student shall be admitted to a 
higher class until all his term bills are paid, except in special 
cases by permission of the President and Trustees. If payment 
is unreasonably delayed, the Treasurer shall put the Bond in suit. 

On the fifteenth day after the commencement of each term 
the Treasurer shall send to the Faculty a list of delinquents, and 
no person on such list shall be allowed to attend recitations until 
his dues are paid. 



24 

July 14, 1874, Voted, That the annexed report and the 
Rules recommended therein be made a part of the By-Laws of 
the College, from and after the 15th day of June next. 

The report referred to in the above vote is as follows : 

The committee appointed to revise the Laws relating to the 
finances and the expenditure ask leave to report the following : 

The Treasurer upon entering upon the discharge of the duties 
of his office shall give bond as required by the Charter of the Col- 
lege, and by vote of the Overseers in the sum of Twenty-five 
Thousand Dollars, which bond shall be in the custody of the 
Secretary of said Board. 

The Treasurer shall have the charge and custody of all the 
moneys, stocks, notes, bonds, securities and other evidence of prop- 
erty belonging to or held in trust by the College, and shall keep 
the same in some safe place of deposit, easily accessible for exam- 
ination, and shall keep in his office a record or list of such deposits. 
The Finance Committee shall annually within ten days previous 
to Commencement, and at such other times as they may deem 
necessary make an examination of all such property of the Col- 
lege, and compare the same with the Treasurer's accounts and 
lists, and if found to agree therewith, shall give to the Treasurer 
a certificate of the same and shall also rej^ort to the Trustees and 
Overseers the result of their examination. 

All gifts, donations, bequests and other moneys, received as a 
part of the funds of the College, or as trust funds, shall be invest- 
ed by the Treasurer under the advice of the Finance Committee 
in safe and profitable securities and in accordance with the con- 
dition accompanying the gift, if any, and a report of such invest- 
ments, with the sources from which such funds were derived, shall 
be reported to the Boards at their next annual meeting. 

The Treasurer shall collect all interest, dividends, rents, in- 
come, tuition and other dues to the College and its trust funds, 
and shall disburse the same in j^ayment of the expenses and in- 
debtedness of the College and votes of the Trustees and Over- 
seers. He shall annually, one week before Commencement, make 
a report to the Finance Committee containing the following items, 



25 

viz., an abstract of the receipts and expenditures of the College 
for the last year, designating the amounts spent under each ap- 
propriation, the amounts due the College from students and grad- 
uates, designating what is due from those of each year separately, 
and all otlier dues to the College from whatever source, and all 
suras due from the College ; a statement of the funds and prop- 
erty of the College held for general College purposes, and of the 
funds held in trust for specific purposes with the income derived 
from each, a statement of the amount insured on the several Col- 
lege buildings and property, an estimate of the receipts for the 
coming year and of the expenditure that will probably be required 
under the several heads of appropriation. 

The Treasurer shall annually, prior to the Commencement, 
make up a statement of his accounts with the College, and sub- 
mit the same to the Finance Committee with the proper evidence 
of payment; and said committee shall examine the same and 
compare said statement with his books and certify and allow said 
account, so far as they shall find it to be correct and duly author- 
ized and vouched ; said Committee shall also examine all the other 
named statements and estimates of the Treasurer and shall report 
the same in an abstract thereof to the Boards and to the Visiting 
Committee at their meeting i)revious to Commencement. On the 
basis of these reports, and in view of the wants of the College, the 
Visiting Committee shall recommend such appropriations under 
the hereinafter mentioned heads as they shall deem necessary. 

At every annual meeting the Boards shall vote the appropria- 
tion for the current year under the following heads, and no m.oney 
shall be drawn or paid from the treasury except by virtue of the 
same or of some special appropriation as herein-after provided : 
For Salaries, Special Instruction, Scientific Department, Gym- 
nasium, Repairs and Insurance, Grounds, Fuel, Printing and Ad- 
vertising, Chemicals, Stationery &c.. Incidentals, Library, Con- 
tingent Expenses. 

Special appropriations or additions to the general appropria- 
tions may be made at the annual meeting or at any special meet- 
ing called for that purpose. 
4 



26 

The appropriations voted by the Boards shall in no case be 
exceeded. The expenditure of the appropriations, shall be made 
by the Treasurer, except those for the Library and contingent ex- 
penses, which shall be under the direction of the Faculty, 
to be drawn on the order of the President, stating under what ap- 
propriation it is drawn, and in each case the expenditure is to be 
charged to the appropriation under which it is drawn. Special 
appropriations, unless otherwise directed in the vote authorizing 
the same, shall be expended under the direction of the Treasurer. 

Th'^ use and control of the rooms and buildings of the Col- 
lege shall be under the direction of the Faculty, but the Treas- 
urer shall have the custody of the same. He shall employ some 
suitable person as Carpenter and Janitor who shall, under the 
Treasurer, have the care of the College buildings and grounds, and 
shall repair and keep in order the same and see that the recita- 
tion rooms. Library and Chapel are properly heated and lighted, 
and shall perform such other duties as the Treasurer may desig- 
nate. He shall report to the Treasurer all damages to the rooms 
or buildings or other College property, with the names of the oc- 
cupants of the rooms damaged and of the person by whom said 
damages were committed, if known to him. The Treasurer may 
also employ additional assistance for the above purpose if found 
necessary. 

The Treasurer shall purchase such stationery, chemicals and 
other materials as may be needed in the instruction of the classes, 
and shall deliver the same to the instructors or officers under 
whose direction these are to be used, taking a receipt therefor, and 
shall keep an account of all such purchases, and of the person to 
whom, and purposes for which delivered, which record shall be ex- 
amined by the Finance Committee, and the bills for the purchase 
of the same approved, if found correct. 

The Treasurer shall report to the Faculty at the close of the 
first term of each year the names of those students who have 
failed to present the bonds required by the college law^s, and shall 
also seasonably report the names of those who are delinquent in 
the payment of their Term Bills. 



27 

All officers or other persons having charge of the expenditure 
of money under the several appropriations or otherwise, shall ren- 
der an account of such expenditure, accompanied with the proper 
vouchers, to the Finance Committee at least one week before 
Commencement, who shall audit the same, and report to the 
Boards at the annual meeting. 

It shall be the duty of the Professors having charge of the In- 
struments, Chemicals and other College property used in the 
course of Instruction, with the Treasurer, to make an inventory of 
the same at the commencement of the year, and the Professors 
shall give to the Treasurer their respective receipts for that 
which shall be by them received subject to use and ordinary wear 
and tear. 

The foregoing amendments to the By-Laws shall take effect 
fi'om and after the next Commencement. 



STANDING RULES AND ORDERS 



OVERSEERS OF BOWDOIN COLLEGE. 



Art. 1. — All Elections by this Board, or in agreement with 
the Trustees, shall be made by ballot. 

Art. 2. — The President, Vice President, and Secretary shall 
be elected at the stated meeting on the day before Commence- 
ment, and shall hold, each, his office for the term of two years. 

Aet. 3. — The Secretary shall be sworn to the faithful dis- 
charge of the duties of his office, and shall receive for his services 
twenty dollars a year He shall keep a fair record of the votes 
and transactions of the Overseers, and also an orderly book^ in 
which he shall insert their rules and orders^ and a list of the 
names of the members, designating the times of their commenc- 
ing and ceasing to be members. He shall record the names of 
the members present at every meeting ; and make report on rec- 
ord, at the opening of each stated meeting, of the number of va- 
cancies, and the names of those, whose seats may be then vacant. 
He shall notify the stated meetings, and also a special meeting, 
when requested by any five members in writing, expressing the 
time, place and purposes of holding the meeting. 

Art. 4. — There shall be one stated meeting of the Overseers 
in each year ; namely, on the Tuesday before Commencement, at 
two o'clock in the afternoon. Special meetings may be called 
and notified by the President, and by the President of the Col- 
lege, and may be called by any five members, by application to 
the Secretary in writing, expressing the time, place, and purposes 
for holding the meeting. 



29 

Art. 5. — Stated and special meetings of this Board shall be 
notified by the Secretary, and it shall be his duty to serve a no- 
tice to each member of this Board informing him of the time and 
place of meeting, at least fourteen days before the time when said 
meeting is called ; no business shall be acted upon at any special 
meeting, unless fully expressed in the notification for the meeting. 

Art. 6. — When a quorum of the Board shall be assembled, 
the meeting shall be opened with prayer by some one of the rev- 
erend clergy, if any be present ; this service shall be performed in 
the order, to be made and notified by the Secretary ; and, after a 
quorum be formed, no member shall absenthimself without leave. 

Art. 7. — When a question is debated, every member, desir- 
ing to speak, shall rise and address himself to the President, or, in 
his absence, to the Yice President, and shall sit down as soon as 
he has done speaking. 

Art. 8. — No member, while speaking, shall be interrupted by 
another, except to call to order, or to correct a mistake ; and no 
member shall speak more than twice to one question, without first 
obtaining leave of the Board, until the other members, wdio shall 
not have spoken, shall speak, if they desire it. 

Art. 9. — Vacancies shall be filled by the written votes of a 
majority of the members present; and a nomination list shall be 
made of the names of the candidates, and, if more than one va- 
cancy is to be filled, the number of candidates to be chosen shall 
be taken from the nomination list, and balloted for, separately. 

Art. 10. — Any member, who shall neglect to attend two sta- 
ted meetings, successively, without giving under his hand in writ- 
ing a satisfactory excuse for his absence, shall be considered as 
having voluntarily vacated his seat, and the vacancy, so hapj^en- 
ing, shall be filled without delay ; unless in the interval between 
the said meetings he shall have attended either a special meeting 
of the Board, or a public examination, on a committee for that 
purpose ; in either of which cases such attendance shall be deemed 
equivalent to an attendance on a stated meeting. 



30 

Art. 11 — The communication with the Board of Trustees 
shall be by message, to be delivered by such persons, as the Pres- 
ident, and, in his absence, the Vice President, shall appoint. 

Art. 1*2. — No vote or order of the Trustees shall be agreed 
to, or disagreed to, by this Board, until the same shall have been 
twice read. 

Art. 13. — When a written vote, message or order of the 
Trustees shall be communicated, it shall be entered on the Sec- 
retary's minutes, and as soon as the vote of agreement, or disa- 
greement, shall have been taken and recorded, the said vote, mes- 
sage, or order shall be returned to the Trustees, with the . vote of 
agreement or disagreement entered thereupon, and certified by 
the Secretary. Provided however, that when such written mes- 
sage or oi"der shall be too long for immediate transcrijotion and 
recording, the Secretary shall forthwith certify to the Trustees 
the agreement or disagreement of this Board to the same, to be 
returned when recorded. 

Art. 14.: — This Board will not concur with the Trustees in 
passing any account by them allowed, unless such account have 
attached a certificate from the committee of accounts, that the 
same has been examined by them, and found to be a just account. 

Art. 15. — All nominations of committees in this Board shall 
be made by the presiding officer. 

Art. 16. — The time for filling vacancies in this Board shall 
be at 8 J o'clock on the morning of each Commencement day; at 
which time that business shall be taken up in preference to any 
other, and the Board shall then proceed to finish the same, unless, 
for reasons entered of record, two thirds of the members present 
shall vote to postpone the same to a future time. 

Art. 17. — Whenever any vote, on concurring with the Board 
of Trustees in conferring any honorary degree, be taken in this 
Board, the same shall be taken by written ballot. 

Art. 18. — Every member present, when a question is put, 
where he is not excluded by interest, shall vote, unless the Board 
for special reasons shall excuse him. 



31 

Art. 19. — The President shall declare all votes, either in the 
affirmative or negative, as shall appear to him to be true ;biit if 
the vote be doubted, he shall make it certain, by again putting 
the question, and the members for, and against it, when called to 
vote, shall rise and stand until they are counted. 

Art. '20. — No vote by ballot, nor a vote doubted, shall be con- 
sidered as decided, unless a quorum of the Board shall have voted 
thereon. 

Art. 21. — Whenever a person shall be elected a member of 
this Board, it shall be the duty of the Secretary to notify him of 
his election, and request an answer ; and if he fdl to signify his 
acceptance before the next annual meeting, or to attend said 
meeting, his seat shall be considered vacant, and shall be accord- 
ingly filled. 

Concurrent vote of the Boards, July 13, 1869. 

" Voted, That the President of the College, with the concur- 
rence of the Visiting Committee, or in case of the inability of the 
President to act, the Visiting Committee, may call Special meet- 
ings of the two Boards of the College, signifying in their notice to 
members the object for which the meeting is called." 

[ The above is not specifically an amendment of the rules 
of the Overseers, but seems to modify portions of Arts. 4 & 5.] 



LIBRARY OF CONGRESS 

l|iiii!|f 



,...,.llHlliili 



002 338 618 5 



